The federal government's plans in Germany to legalize cannabis will continue to be pursued, albeit in a watered down version. The original idea of ​​making up to 30 grams of domestically produced and controlled intoxicants available in specialist shops or pharmacies for private use by adults has been temporarily rejected. Instead, consumers are allowed to privately grow three plants per person for their own use. Seven seeds or five cuttings are allowed. Possession of up to 25 grams of the hemp product instead of 30 grams will remain unpunished (see pillar 1 below > point 11). Self-supply via so-called Cannabis Social Clubs (CSC) is also permitted.

Legalization is coming! And now?

Bubatz will be legal – the traffic light coalition promised this when it took office. However, there has been little information about when and how exactly. Things are different now: the responsible ministers announced details at a press conference. You can find out the important information about this in this video.

The German Federal Ministry of Health thinks so

In the future, adults will be allowed to grow cannabis in certain quantities privately or in non-profit associations and will be able to obtain it in licensed specialist shops as part of a regional model project.

The federal government agreed on this after discussions with the EU Commission on the key issues paper of October 26, 2022. The aim remains to control quality, prevent the distribution of contaminated substances, ensure the protection of minors and the health of consumers as best as possible, and curb the black market.

In a first step, cultivation in non-profit associations and private cultivation should be made possible nationwide. In a second step, the distribution in specialist shops will be implemented as a scientifically designed, regionally limited and temporary model project. In the model project, the effects of a commercial supply chain on health and youth protection as well as the black market can be scientifically examined in more detail.

The key points of the 2-pillar model (“ Club Cultivation & Regional Model / CARe Health as the lead, as well as the Federal Ministry of the Interior, the Federal Ministry of Justice, the Federal Ministry of Agriculture, the Federal Ministry of Economics and the Foreign Office in accordance with their technical responsibilities. The EU and international law boundaries were taken into account. Based on the key issues paper, the federal government will now present a draft law in the short term.

The 2-pillar model in detail


  1. Non-profit associations are allowed to collectively grow cannabis for recreational purposes under a narrow, clearly defined legal framework and supply it to members for their own consumption. The members should participate as actively as possible in the association. Participation by employees of the associations in cultivation is permitted, but commissioning third parties to carry out cultivation is excluded.
  2. The framework conditions for handling are regulated in a separate law.
  3. In addition to the harvested recreational cannabis, members may also be given seeds and cuttings produced by the association for their own cultivation. It is being examined whether and how seeds and/or cuttings for private cultivation can be obtained at cost from the associations, without membership in an association being a prerequisite.
  4. Approval and monitoring are carried out by state authorities with regard to, among other things, compliance with quantity, quality and youth protection requirements and with spot checks and on-site visits. Personal data collected by the associations in connection with the distribution of recreational cannabis, seeds and cuttings to members may not be passed on to unauthorized third parties or used for other purposes. Membership in multiple associations is prohibited.
  5. Fines, license revocation or fines/imprisonment for multiple violations are possible.
  6. Cultivation and harvest quantities are geared to meeting needs. There are reporting and documentation requirements for quantities produced and delivered. There is a ban on the import or export of recreational cannabis.
  7. Membership fees cover the cost costs, staggered according to the quantity delivered (if necessary with a basic flat rate and an additional amount per gram delivered).
  8. The number of members per association is limited to a maximum of 500 with a minimum age of 18 and residence or habitual residence in Germany. The number of associations can be limited according to population density.
  9. The association can only be managed by natural persons whose reliability has been checked. The association is managed according to the principles of association law. The association's board of directors shall only be personally liable for financial losses or violations of official requirements in the event of intent or gross negligence.
  10. The procurement of seeds for (initial) cultivation in the associations is made possible. The possibility of importing seeds from third countries is being examined.
  11. The distribution of the harvested cannabis (flowers) is only permitted to members; no passing on to third parties; max. 25g of cannabis per day, max. 50g per month, max. 7 seeds or 5 cuttings per month. Distribution to adolescents under 21 is limited to an amount of 30g per month, with an additional limit on the permissible THC content (limit still to be clarified). This should be reflected in the variety selection.
  12. It is being examined whether and how seeds and cuttings can be exchanged between associations free of charge for quality assurance purposes.
  13. Quality requirements apply to community cultivation (in particular, a ban on additives or additives such as tobacco or flavors, requirements for plant protection products, no synthetic cannabinoids).
  14. Sales are only made in pure form (flowers or resin) in neutral packaging or loose with attached information about the product (variety, including its usual average THC content and content of other cannabinoids such as CBD), dosage and application as well as the risks of consumption and advice centers.
  15. Consumption on the association's premises is prohibited, as is public consumption near schools, daycare centers, etc. and in pedestrian zones until 8 p.m.
  16. At the same time, there is a ban on the distribution of alcohol, tobacco or other recreational and intoxicating substances.
  17. Entry is only permitted for adults with strict age verification requirements.
  18. Requirements regarding youth protection and prevention apply: Youth protection, addiction and prevention officers appointed by the association have proven expertise; There is mandatory cooperation with the local addiction prevention or counseling center and a minimum distance from schools, daycare centers, etc.
  19. There is a general advertising ban for associations and cannabis. Factual information is permitted.
  20. Minimum protective measures (e.g. burglar-proof rooms, fencing) prevent access by unauthorized third parties.
  21. Possession without penalty (carrying in public) is possible for personal consumption up to 25g; Penalties apply for possession beyond that, for trading and distribution to non-members as well as children and young people, as well as for the distribution of cannabis that has not been cultivated within the associations themselves.
  22. The limit values ​​in road, ship and air traffic are reviewed with the involvement of the relevant specialist committees. Regulations regarding the permissibility of driving under the influence of cannabis are based exclusively on the requirements of road safety.
  23. Penalty-free private cultivation includes a maximum of 3 female flowering plants and must be protected from access by children and young people.
  24. It will be possible to have convictions recorded exclusively for actions related to cannabis for which the law no longer provides for a penalty in the future (possession of up to 25 g/home cultivation of up to a maximum of 3 female flowering plants) deleted from the Federal Central Register upon request . When the law comes into force, ongoing investigations and criminal proceedings into these acts will be ended using the options already provided for in the StPO.
  25. The scope of application of the Federal Non-Smoker Protection Act is expanded to include smoking products in conjunction with cannabis; Additional protection for non-smokers in accordance with the tobacco regulations must be ensured.
  26. Participation in early intervention and prevention programs for minors if they possess or use cannabis is mandatory.
  27. After 4 years, an evaluation of the requirements for Pillar 1 will be carried out with the aim of examining any adjustments with regard to health and youth protection as well as reducing the black market.

In addition, the requirements for youth and health protection formulated in the key issues paper of October 26, 2022 must be implemented. The intention is to design this proposed regulation in such a way that no notification requirement is triggered.

In the next step on the way to a nationwide regulation, the second pillar implements the further approaches from the key points paper of October 26, 2022, including an evaluation as a scientifically designed, regionally and time-limited model: companies will control production, sales and distribution in Specialist shops selling recreational cannabis to adults in a licensed and state-controlled framework. This pillar can be used to scientifically examine the effects of a commercial supply chain on health and youth protection as well as the black market.

  • The project duration is 5 years from the supply chain established.
  • There is a spatial limitation to delivery points and adult residents of certain districts/cities in several federal states (opt-in approach).
  • Within the framework of the law, approval of the distribution of edibles will be examined in compliance with strict youth and health protection regulations.
  • The model is scientifically supported and evaluated. The findings will be made available to the European partners and the EU Commission.
  • Health and youth protection also follows the key issues paper of October 26, 2022.

This part of the project is expected to continue to be subject to notification.


When implementing the two-pillar model, the Federal Government bases its implementation on the international and EU legal framework. It will refer to the interpretative declaration made in 1993 when ratifying the 1988 UN agreement to the relevant UN bodies and issue a statement declaring the project to be compatible with the purpose and legal requirements of the UN agreements. In addition, close and transparent coordination with the European partners will be important.

The federal ministries are working on a division of labor for all parts of the project within the scope of their respective responsibilities under the overall leadership of the BMG. Both pillars will be incorporated into specific draft laws, with the working draft for Pillar 1 being presented in April 2023, followed by the draft law for Pillar 2. The results of the already commissioned scientific report on the effects of the legalization of recreational cannabis on health and youth protection in other countries are taken into account in both pillars.

At the same time, the Federal Government is continuing its efforts (particularly through the foreign missions) to promote its approaches to its European partners and to examine the extent to which the initiative of a sufficient number of EU member states will be possible in order to implement the relevant EU legal framework in the medium term to make it more flexible and further develop it.


What does the situation actually look like in Austria?

In Austria, possession and use of cannabis containing THC is illegal. Violations are punished with prison sentences of up to six months or fines of up to 360 daily rates. The Greens and Neos support decriminalization, but other parties do not. The legal cannabis active ingredient HHC was recently withdrawn from the market. This novel substance, which occurs naturally in the cannabis plant, has been popular among young people because it produces a state of intoxication. The ban was introduced on the grounds that there is little research into HHC and therefore possible risks cannot be ruled out.


Sources:
MrWissen2Go
German Federal Ministry of Health: Home cultivation and model experiment - Federal government agrees on key points on cannabis
Questions and answers: This is how young people should be protected from cannabis consumption
The German Hemp Association welcomes timely decriminalization and criticizes missed opportunities


Also read
Is cannabis more harmful than alcohol?
Be careful: digital cannabis investment scams


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